U.S. Court of Appeals for the Fourth Circuit, 1992

Norman E. White v. David A. Garraghty

U.S. Court of Appeals for the Fourth Circuit · Decided September 23, 1992

976 F.2d 729; 1992 U.S. App. LEXIS 24054; 1992 WL 233970 (Federal Reporter, Second Series)

Opinion

976 F.2d 729

NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.
Norman E. WHITE, Petitioner-Appellant,
v.
David A. GARRAGHTY, Respondent-Appellee.

No. 92-6663.

United States Court of Appeals,
Fourth Circuit.

Submitted: August 31, 1992
Decided: September 23, 1992

Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. J. Calvitt Clarke, Jr., Senior District Judge. (CA-92-317-2)

Norman E. White, Appellant Pro Se.

E.D.Va.

DISMISSED.

Before SPROUSE and WILLIAMS, Circuit Judges, and BUTZNER, Senior Circuit Judge.

PER CURIAM:

OPINION

Norman E. White filed suit under 28 U.S.C. § 2254 (1988) and sought leave to proceed in forma pauperis. The district court assessed a filing fee in accordance with Evans v. Croom, 650 F.2d 521 (4th Cir. 1981), cert. denied, 454 U.S. 1153 (1982), and dismissed the case without prejudice when Petitioner failed to comply with the fee order. Petitioner seeks to appeal. Finding no abuse of discretion, we deny leave to proceed in forma pauperis, deny a certificate of probable cause to appeal, and dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the Court and argument would not aid the decisional process.

DISMISSED

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